Do John Elway's Comments Help Colin Kaepernick's Collusion Case?

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When Denver Broncos GM recently explained why he wouldn't consider signing Colin Kaepernick, he said that Kaep already "had his chance to be here. He passed." But according to SI legal analyst Michael McCann, it's not that simple, and Elway's comments might bolster Kaepernick's collusion case against the NFL.